Knee decisions — 2011

The Veteran's low back disability is rated as 10 percent disabling, his right and left knee disabilities are each rated as 10 percent disabling, and his left ankle disability prior to August 6, 2010, was also rated as 10 percent disabling. After that date, the disability was rated as noncompensable.

The Veteran's claim for higher ratings and service connection were granted, with a 30% rating assigned for bilateral plantar fasciitis with calcaneal heel spurs effective September 12, 2006. Service connection was established for peripheral neuropathy of the lower extremities due to chemical exposure.

The Veteran's appeal is being remanded to obtain additional VA medical treatment records and SSA records, as well as a joints examination. The issue of entitlement to an increased evaluation for her service-connected right knee disability will be reconsidered after these actions.

The Veteran withdrew his appeal, thus the case is dismissed.

The Board has determined that new and material evidence has been submitted to reopen the claims of entitlement to service connection for right ankle and low back disabilities. The Veteran's current disabilities are related to his in-service motor vehicle accident.

The Veteran's claims for increased ratings for his back, right knee, and left hand conditions are being remanded due to the need for additional VA examinations.

The Veteran's claims for service connection for hearing loss, heart disorder, and right knee internal derangement were denied. The claim for an effective date earlier than December 17, 2005 for PTSD was also denied as there is no legal basis to grant such a date. Service connection for the remaining conditions was not granted due to lack of evidence of current disability.

The Board has denied the Veteran's claims for service connection for various conditions, including bilateral pes planus, hypertension, left ankle and knee disorders, a low back disorder, and obesity. The denial is based on the lack of evidence linking these conditions to his military service.

The Board found that the Veteran's right knee disorder was not incurred in or aggravated by active service and may not be presumed to have been incurred therein.

The Board denied the Veteran's claims for service connection due to lack of new and material evidence, and found that there was no clear and unmistakable error in the May 1973 rating decision.

The Board has granted service connection for a lower back disability and assigned an initial rating of 50 percent. The Veteran's major depressive disorder is rated at the highest possible level (70 percent). Ratings higher than 20 percent, 10 percent, or 10 percent are denied for fibromyalgia, patellofemoral syndrome of the left knee, and patellofemoral syndrome of the right knee respectively.

The Board has reopened the claims for service connection for diabetes mellitus, type II; left BKA; impotence; and poor circulation of the right foot. The Veteran's service in Vietnam is presumed due to herbicide exposure, which supports his claim for diabetes mellitus. His left BKA and related conditions are also service connected as they are secondary to his diabetes. Impotence and poor circulation of the right foot are also service connected.

The Veteran's claim for a higher rating for his low back disability was denied, and the issue of reopening his knee disorder claims was also denied. The Board found that the evidence did not support a higher rating than 40 percent for his degenerative disc disease of the lumbar spine with sciatica.

The Board has remanded the case due to issues related to service connection for a low back disability and whether new and material evidence has been received to reopen a claim of entitlement to service connection for a left knee disability. The Veteran's representative argues that proper notification was not provided regarding these issues.

The Board has determined that new and material evidence was not submitted to reopen the claims for service connection for residuals of a skull fracture and residuals of a right knee injury. The Veteran's STRs were reviewed, but no additional relevant records have been provided.

The Board has remanded the case due to a new claim of service connection for knee disability, and the TDIU claim is still pending. A VA examination will be scheduled to assess the impact of all service-connected disabilities on employment.

The Board has granted the Veteran's service connection claim for a bilateral knee disability. The cervical spine disability claim is being remanded for further development.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's TDIU claim will be re-adjudicated in accordance with the Court Order and Joint Motion.

The Board denied the Veteran's claims for service connection for various disabilities, finding that his statements regarding continuity of symptoms were not credible and that no evidence supported a nexus between his current conditions and military service.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions regarding whether his current left knee and foot disabilities were caused or aggravated by his service-connected right knee disability.